Annunciatio v. State

Fortunatio Annuneiatio was indicted for the offense *788of rape; for that, “on the 8th day of April, 1932, with force and arms,” he “did make an assault upon the person of Eosa Clower, and did strike, beat, and wound her, and did have carnal knowledge of and sexual intercourse with said Eosa Clower, a female, forcibly and against her will;” etc. He was tried and convicted, with a recommendation to mercy. His sentence was fixed at not less than ten years and not more than twenty years. Before arraignment or pleading, he filed two pleas in abatement, which pleas were overruled. He filed a demurrer…